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Author: Zheng Qiuling
2020-04-03 00:01
Last updated: 2020-04-03 00:01Two special rapporteurs under the United Nations Human Rights Council wrote a letter to the Hong Kong government on January 29 after receiving urgent complaints from civil society in Hong Kong on the use of chemical weapons such as tear gas and pepper spray by the police. .
In the letter, the United Nations Special Rapporteur stated that 88% of the citizens were affected by tear gas, and the authorities had no public content; it also believed that the Hong Kong government believed that the government uses "chemical weapons such as tear gas" without discrimination, non-essential, and disproportionate, and listed seven questions. Authorities accounted for decontamination after using chemical weapons.
The Constitutional and Mainland Affairs Bureau responded to inquiries and stated that in response to a letter from the United Nations Special Rapporteur to the Ministry of Foreign Affairs of China, the SAR Government has provided the Central Government with a response to the United Nations.
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Hong Kong Government: Response submitted to the Central Committee
The Hong Kong Human Rights Watch, Civil Rights Watch and Public Health Research Institute submitted an urgent appeal to the special procedures of the United Nations Human Rights Council in mid-January, concerned about the police ’s abuse of tear gas since June last year, and were accepted by two special rapporteurs. A joint letter was sent to the Hong Kong Government on January 29 to inquire.
The Constitutional and Mainland Affairs Bureau responded to inquiries and stated that in response to a letter from the United Nations Special Rapporteur to the Ministry of Foreign Affairs of China, the SAR Government has provided the Central Government with a response to the United Nations. As usual, the Office of the United Nations High Commissioner for Human Rights will post responses on the United Nations website in due course.
The United Nations web page, as of April 2nd, did not show the Special Rapporteur of the Government Reply. (United Nations website)
UN concerns over intensive use of tear gas
In a letter to the two Special Rapporteurs, quoting information indicates that Hong Kong is densely populated and 88% of the population is affected by tear gas. Police have released tear gas in confined spaces such as subway stations and multi-storey car parks and have affected many schools and students. Civil Rights Watch spokesman Wang Haoxian believes that "the restraint of the police's self-assertion is actually questionable among the international community, otherwise the Hong Kong government will not be sent a letter to inquire."
The letter also mentioned that the public's inability to know the ingredients in the chemical agents deepened public health concerns and hindered the provision of effective treatment by medical staff. Lu Shiting, a member of the Public Health Research Institute, believes that the letter quotes a large number of health concerns, "proving that it is not a public worry out of nothing." The government must disclose the ingredients of chemical weapons.
Letters from the two Special Rapporteurs stated that there was reason to believe that the authorities had used tear gas, pepper spray and other chemical agents indiscriminately, unnecessarily and disproportionately. (File screenshot / red line for description))
Letter from the United Nations: Believing that the Hong Kong Government has used chemical weapons indiscriminately, non-essentially and disproportionately
The letter from the United Nations states that “without disputes as to whether the allegations are true, the Department has reason to believe that the authorities have used indiscriminately, unnecessarily and disproportionately the tear gas, pepper Sprays and other chemical agents violate multiple principles of international and Hong Kong use of force. There are also reasons to believe that multiple tear gas grenades were fired in an uncontrolled and allegedly malicious manner. "Wang Haoxian believes that the wording .
▼ United Nations Special Rapporteur on the Impact of Human Rights on the Environmentally Sound Management and Disposal of Hazardous Substances and Wastes and Human Rights and "Special Rapporteur on the Right to Freedom of Peaceful Assembly and Association" to the Hong Kong Government Full Text ▼
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Ask Hong Kong Government to clarify seven issues
The letter concludes with seven questions asking the Hong Kong government to respond to, including clarification of the allegations; the composition of various chemical agents, guidelines for medical treatment, and guidelines for the use of force by the police; policies on spraying in or near schools, fully or partially enclosed environments, etc. Consider how to ensure personal safety; explain whether chemical agents have been removed in all public places according to decontamination guidelines and health recommendations. I enclose herewith international human rights law, explaining the fulfillment of the Hong Kong Government's responsibilities.
Hong Kong Human Rights Watch spokesman Ye Kuanrou pointed out that in addition to the official reply from the mechanism, the police only attended the Geneva conference in early March to make a unilateral speech. However, according to the established procedures of the United Nations, the Hong Kong government must reply to the Special Rapporteur in writing. The letter from both parties will be uploaded to the United Nations webpage, and the Special Rapporteur can make public comments after reviewing, including condemning the government and institutions involved in human rights violations, and adding the incident to the regular report of the Human Rights Council at the end of the year. She pointed out that ignoring the reasonable requirements of international human rights mechanisms will affect other countries' inspection of Hong Kong's rule of law and human rights performance.
The United Nations Special Rapporteur on Human Rights raises seven questions to the Hong Kong Government (Chinese translation):
1. Please submit any additional information and / or responses to the multiple allegations above.
2. Information about chemical agents used in peaceful demonstrations in Hong Kong (such as tear gas, pepper spray, pepper balls, irritating chemicals emitted from water cannons, and other mobile sprays), including their chemical composition, The manufacturers of these substances provide relevant information on antidote and healing guidelines for each substance; and the police's guidelines and training manuals on the use of chemical agents as weapons and related information in law enforcement, please provide detailed information in this regard.
3. With regard to providing emergency relief to affected individuals, families and other private or public institutions immediately after each large-scale application of tear gas, pepper spray and other substances, including decontamination, medical assistance or temporary housing when needed , Please provide relevant information in this regard.
4. Policies and procedures on the use of chemical agents when spraying in or near high-risk places (such as schools, completely or partially enclosed environments, etc.), and considering natural factors caused by the natural environment and buildings in Hong Kong, Please provide relevant information in this regard.
5. Please provide information on how and when the police decided to use tear gas. In addition, please explain how to ensure that the relevant mechanism is in accordance with the principle of proportionality and necessary when using tear gas. Please explain the government's mechanism to ensure the personal safety of demonstrators and bystanders during demonstrations.
6. I hope that the Hong Kong authorities can indicate whether measures have been taken to enable people who have been exposed to tear gas to get the treatment they need while at the same time increasing the public's understanding of the chemicals used and ensuring that such people have a systematic Monitoring.
7. Please explain whether chemical agents have been removed in all public places in accordance with decontamination guidelines and health recommendations.
United Nations letter:
https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=25048
Further reading: Police from June to the end of November used about 10,000 tear gas bombs 11.12 CUHK and multi-regional conflicts accounted for up to 20% in a single day
▼ On November 12, 2019, there were 2,330 tear gas bombs in CUHK and all districts in Hong Kong ▼
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▼ On October 1, 2019, there were 1,667 tear gas bombs in various districts in Hong Kong.
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▼ 1458 tear gas bombs between PolyU and Yau Tsim Mong on November 18, 2019 ▼
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